There are important laws and documents for LGBTQ (Lesbian, Gay, Bisexual and Transgender) immigrants that may affect their visa application and standing with Citizenship and Immigration Services (USCIS). Same-sex marriage is legal in the United States and is recognized by USCIS. Same-sex marriages are considered the same as any other marriage for U.S. immigration purposes requiring an immigrant visa.
USCIS has standard forms for a U.S. citizen or Green Card holder to an immigrant’s petition to move to the United States:
• A U.S. citizen engaged to be married to a foreign national of the same-sex would file a fiancé petition with Form I-129F.
• A U.S. citizen married to a foreign national of the same-sex would file an immigrant petition with Form I-130.
• An LGBTQ person immigrating as an individual will apply for immigration based on the type of visa that meets their specific situation, such as an H-1B visa or other work, study or family visa.
The types of documentation LGBTQ couples should have available when filling out Form I-130 or I-29F include
• marriage certificate
• birth certificate
• divorce judgments or documents showing the termination of prior relationships
• marriage bona fides
• any other relevant documents supporting their relationship
• USCIS no longer requires individuals who have undergone sex reassignment surgery to provide documentation to prove their gender reassignment. An amended birth certificate, passport, court order or medical documentation recognizing the new gender meets documentation requirements when a gender change occurs during the immigration process.
An LGBTQ immigration lawyer can help same-sex couples and LGBTQ individuals obtain all of the required immigration documents and prepare them for submission to USCIS.
An experienced immigration lawyer can help same-sex couple families determine their eligibility to apply for a program, and the steps to take. Mario Godoy and the other immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Call today at 855-554-6369. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties.